Which amendment governs searches and seizures by police?

Which amendment governs searches and seizures by police?

• A. First
• B. Fourth
• C. Fifth
• D. Sixth

Answer: (B)

The essential idea is that the Fourth Amendment governs searches and seizures by police. It protects individuals from unreasonable intrusions and requires a warrant based on probable cause in most cases. This means police must show a fair probability that evidence or a person connected to a crime will be found in the place they want to search, and the warrant must specify where and what is to be seized. There are recognized exceptions where a warrant isn't required, such as when the person consents, when there are exigent circumstances, or when something is observed in plain view during a lawful encounter, or during searches incident to a lawful arrest. The other amendments address different rights—freedom of expression and religion (First), protection against self-incrimination and due process (Fifth), and rights to counsel and a speedy trial (Sixth)—and do not primarily govern how police conduct searches and seizures.

The essential idea is that the Fourth Amendment governs searches and seizures by police. It protects individuals from unreasonable intrusions and requires a warrant based on probable cause in most cases. This means police must show a fair probability that evidence or a person connected to a crime will be found in the place they want to search, and the warrant must specify where and what is to be seized. There are recognized exceptions where a warrant isn't required, such as when the person consents, when there are exigent circumstances, or when something is observed in plain view during a lawful encounter, or during searches incident to a lawful arrest. The other amendments address different rights—freedom of expression and religion (First), protection against self-incrimination and due process (Fifth), and rights to counsel and a speedy trial (Sixth)—and do not primarily govern how police conduct searches and seizures.